Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

The American trend toward forced arbitration is bad for consumers. Basically, most commercial transactions you go through today — buying a house, buying a car, seeing a doctor, etc. — include contracts that demand resolution of all disputes not in a court of law, but via arbitration. And, unsurprisingly, the arbitrator is chosen by the business person, not the consumer. You can, of course, refuse to sign a contract with anyone who insists on arbitration, but there are whole industries where this has become so pervasive that you hardly have a choice. If you refuse to sign, you just don’t get your teeth cleaned. See Stephanie Mencimer for chapter and verse on this.

Now, via Matt Yglesias, I see that things are going even further. Here’s Tim Lee writing at Ars Technica:

When I walked into the offices of Dr. Ken Cirka, I was looking for cleaner teeth, not material for an Ars Technica story. I needed a new dentist, and Yelp says Dr. Cirka is one of the best in the Philadelphia area. The receptionist handed me a clipboard with forms to fill out. After the usual patient information form, there was a “mutual privacy agreement” that asked me to transfer ownership of any public commentary I might write in the future to Dr. Cirka. Surprised and a little outraged by this, I got into a lengthy discussion with Dr. Cirka’s office manager that ended in me refusing to sign and her showing me the door.

….The growing use of censorious copyright assignments recently caught the attention of law professors Jason Schultz and Eric Goldman, who created a site called Doctored Reviews to educate doctors and patients about the phenomenon.

When Ars asked Schultz about medical professionals who ask their patients to sign these agreements, he was scathing. “It’s completely unethical for doctors to force their patients to sign away their rights in order to get medical care,” he said. He pointed out that patients seeking treatment can be particularly vulnerable to coercion. Patients might be in acute pain or facing a life-threatening illness. Such patients are in no position to haggle over the minutia of copyright law.

We bought a new car this weekend, and the sales contract included the usual arbitration clause. We signed it. What choice did we have? But if the car is a lemon or the dealership screws us over, at least I can write about it without worrying over whether I’m violating some kind of gag clause. The experts Lee interviewed said these clauses are probably unenforceable, but how many ordinary citizens are willing to bet on that if they get a threatening letter on legal letterhead threatening to ruin them? Not too many, probably.

As near as I can tell, businesses in the United States increasingly think that basic constitutional rights are mere annoyances to be swatted away. Before long they’re going to demand the right to search your house without your permission anytime they think you’ve done something they don’t like. And why not? The United States government increasingly seems to view the constitution the same way.

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up to $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate